Moore v. Moore

Citations

• 23 Pa. Super. 73
• 1903 Pa. Super. LEXIS 18

Syllabus

<p>Constitutional law — Statutes—Title of statute — Executions.</p> <p>The Act of May 24, 1878, P. L. 134, entitled “A further supplement to an act entitled ‘ An act relating to executions,’ approved June 16,1836, providing that the justice of the peace, alderman or magistrate shall act where two are now required,” is defective in title and unconstitutional as to the second section, inasmuch as none of the provisions of section 2 amending sec. 107 of the act of June 16, 1836, are indicated in the title of the amending act.</p> <p>Execution — Proceedings to obtain possession after sheriff's sale.</p> <p>The absence in a petition in proceedings under the act of June 16,1836, to secure possession of real estate after sheriff’s sale of an averment that the respondent was in possession by title derived from the defendant in the execution subsequently to the judgment on which the land was sold, is no ground for exception. The petition is sufficient if it sets forth that the person in possession “isW., who came into possession thereof under J., the defendant in the execution under which the land was sold.”</p>